IN THE CASE OF: BOARD DATE: 4 February 2010 DOCKET NUMBER: AR20090016420 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Commendation Medal. 2. The applicant states the second award was authorized after he was discharged from the Army. 3. The applicant provides a copy of his DD Form 214 for the period ending 1 June 2009 and a copy of an Army Commendation Medal Certificate and corresponding DA Form 638 (Recommendation for Award), dated 25 March 2009, in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant's records show he initially enlisted in the Regular Army (RA) for a period of 5 years on 21 August 2001 and he held military occupational specialty 11B (Infantryman). He executed a 4 year reenlistment in the RA on 2 June 2005, served in various staff and/or leadership positions, and he attained the rank of staff sergeant (SSG). 2. The applicant’s records also show he served in Iraq from 28 September 2005 to 23 September 2006 and from 12 October 2007 to 25 November 2008. 3. He was honorably discharged in the rank of SSG on 1 June 2009. The DD Form 214 he was issued shows he completed 7 years, 9 months, and 11 days of creditable active service. 4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Bronze Star Medal (1st Oak Leaf Cluster) and "V" Device, the Army Commendation Medal, the Army Achievement Medal (2nd Award), the Good Conduct Medal (2nd Award), the National Defense Service Medal, the Global War on Terrorism Service Medal, the Korea Defense Service Medal, the Iraq Campaign Medal with campaign star, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon (3rd Award), the Combat Infantryman Badge, the Ranger Tab, the Pathfinder Badge, the Parachutist Badge, the Air Assault Badge, and the Driver and Mechanic Badge. 5. The applicant’s records contain the following documents: a. certificate, dated 18 June 2003, that shows he was awarded the Army Achievement Medal for meritorious achievement from 31 May to 10 June 2003. b. DA Form 638, dated 6 January 2004, that shows he was recommended for award of the Army Commendation Medal for meritorious service from 26 February 2002 to 24 February 2004. However, the approval authority downgraded the recommendation and approved an Army Achievement Medal on 28 January 2004. c. certificate, dated 25 March 2009, that shows he was awarded the Army Commendation Medal for meritorious service from 5 April 2004 to 1 June 2009. 6. The applicant's records do not contain permanent orders awarding him a second award of the Army Commendation Medal. 7. Army Regulation 600-8-22 (Military Award) provides for award of the Army Commendation Medal and states that this award may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 8. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214. Each entry will be verified by the Soldier’s records. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was recommended for award of the Army Commendation Medal for meritorious service from 26 February 2002 to 24 February 2004; however, the approval authority downgraded the recommendation and approved award of the Army Achievement Medal. This Army Achievement Medal and an additional Army Achievement Medal are correctly shown on his DD Form 214. 2. The evidence of record shows the applicant was awarded the Army Commendation Medal for meritorious service from 5 April 2004 to 1 June 2009 and that this award is listed on his DD Form 214. His record is void of the permanent orders that awarded him a second Army Commendation Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. In the absence of the permanent orders, there is insufficient evidence to show a second award of the Army Commendation Medal in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X____ ___X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20090016420 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090016420 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1